Preview
FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, DEMAND FOR A VERIFIED
BILL OF PARTICULARS
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
-------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR 3041 to 3044, Plaintiff is required to
serve upon the undersigned, within thirty (30) days hereof, a Verified Bill of Particulars concerning
the following:
1. Plaintiff’s residential address now and at the time of the occurrence alleged in the
Complaint.
2. Plaintiff’s date of birth, place of birth, and social security number.
3. The date and approximate time of the occurrence alleged in the Complaint.
4. The location of the occurrence alleged in the Complaint including distances from
identifiable points of reference, with sufficient detail to permit accurate identification.
5. Describe in detail how the alleged accident occurred and the acts of any defendant
party that caused or contributed thereto.
6. If the occurrence took place in the interior of the premises, state the floor number,
room, stair, aisle or other detail or description sufficient to locate and identify the accident site. If
the occurrence took place in the exterior of the premises, state the sidewalk, stair, street or other
detail or description sufficient to locate and identify the accident site, including the distance from
the curb and building line or other fixed objects.
7. Set forth a statement of the alleged injuries to be claimed to have been sustained as
a result of the occurrence alleged in the Complaint, including the approximate date of the onset of
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the symptoms of each of the injuries claimed.
8. Each injury Plaintiff claims to have resulted in a permanent disability as a result of
the occurrence alleged in the Complaint and a description of the nature and degree of each
disability.
9. The periods, including dates, if any, of (a) total disability; and (b) partial disability
as a result of the occurrence alleged in the Complaint.
10. State specifically whether or not the Plaintiff sustained a significant disfigurement
as a result of the occurrence alleged in the Complaint. If so, state the nature and location of that
disfigurement.
11. State whether or not the Plaintiff sustained a fracture as a result of the occurrence
alleged in the Complaint. If so, state the type and location of said fracture.
12. State whether or not the Plaintiff sustained a permanent consequential limitation of
a body function or system as a result of the occurrence alleged in the Complaint. If so, state the
permanent consequential limitation and the body function or system involved.
13. The length of time, including dates, if any, Plaintiff was confined to: (a) hospital or
other health care facility; (b) bed; and (c) home as a result of the occurrence alleged in the
Complaint.
14. The name(s) and address(es) of any doctor(s)/physician(s) rendering medical care
and treatment to Plaintiff as a result of the occurrence alleged in the Complaint, the date(s) and
place(s) of each said care and/or treatment by, or visit to, such doctor(s)/physician(s).
15. The name(s) and address(es) of every hospital, clinic, institution and/or healthcare
provider where Plaintiff received any treatment or examination as a result of the occurrence alleged
in the Complaint, the dates of admission and discharge, and the specialty of the physician or health
care provider.
16. The name(s) and address(es) of every physical and/or mental therapist(s) rendering
treatment, care of examination to Plaintiff as a result of the occurrence alleged in the Complaint,
as well as the date(s) and place(s) of each said treatment, care and/or examination by, or visit to,
said therapist(s). Please also indicate the said therapist’s area of expertise.
17. The length of time, if any, Plaintiff was incapacitated from employment as a result
of the occurrence alleged in the Complaint.
18. The name(s) and address(es) of each employer referred to in the response to the
prior demand, together with a description of said employment, including, without limitation, the
amount of weekly and yearly wages, gross and net, received by the Plaintiff at the time of the
occurrence. If self-employed, state the nature of self-employment and the business address, the
income for each of the three (3) years preceding and up to the occurrence alleged in the Complaint
and one (1) year subsequent to the occurrence alleged in the Complaint.
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19. Set forth the total amount which the Plaintiff claims to have sustained and/or the
total amount the Plaintiff claims will be sustained in lost earnings/wages as a result of the
occurrence alleged in the Complaint.
20. State the amounts claimed for:
(a) physicians’ services;
(b) medications, supplies and x-rays;
(c) nurse, therapist and chiropractic services;
(d) hospital expenses; and
(e) any other related expenses, please identify and detail.
21. Set forth all the acts and/or omissions that constitute the negligence of each
Defendant remaining in this action, specifying the acts and/or omissions of each with particularity.
22. Set forth any and all laws, rules, regulations and ordinances Plaintiff alleges are
applicable to the alleged incident or Plaintiff alleges have been violated.
23. If Plaintiff is claiming a dangerous, unsafe, or defective condition was the cause of
the alleged accident:
(a) describe the condition;
(b) set forth in what manner the condition was dangerous, defective and/or
unsafe;
(c) specify the date and time the condition was caused or created; and
(d) identify who caused or created the condition.
24. State whether actual notice is claimed.
25. State whether constructive notice is claimed.
26. If actual notice of a defective, deficient or unsafe condition is alleged, state:
(a) the nature and location of the condition;
(b) whether the alleged notice was in writing or by oral communication;
(c) the substance of each such notice;
(d) the person(s) to whom actual notice was given;
(e) the place(s) where actual notice were given;
(f) the date(s) when actual notice was given; and
(g) the person(s) by whom actual notice were given.
27. If constructive notice is claimed, then set forth a statement of facts which allegedly
constitute such notice, including, without limitation, the name(s) of the person(s) which allegedly
had received such notice and the period time (in minutes, hours, days, etc.) that the alleged
condition and/or activity existed.
28. State whether it is claimed that the Defendants caused or created the alleged
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condition.
29. If it is claimed that Defendants or their agent(s), servant(s) and/or employee(s),
caused or created the alleged condition, state the name(s) of the person(s) who caused or created
the alleged condition and state the date(s) and time(s) when the alleged condition was caused or
created.
30. If the occurrence alleged in the Complaint is claimed to have happened due to
carelessness and/or negligence in the construction, maintenance or repair of certain premises, then
set forth in detail:
(a) the manner in which said construction or maintenance was careless and/or
negligent;
(b) identify the specific location within the premises where the construction or
maintenance was careless or negligent;
(c) the specific carelessness or negligence in connection with the construction
or maintenance which it is alleged existed; and
(d) specifically identify the party(ies) which were careless or negligent, and the
acts, errors and/or omissions attributable to each specifically identified
party.
31. If a sidewalk, walkway, pathway, window, parking lot or playground is alleged to
be involved in the occurrence alleged in the Complaint state the following:
(a) in what respect the Plaintiff claims that the sidewalk walkway, pathway,
window, parking lot or playground was in a/an dangerous, defective and/or
improper condition;
(b) the location of the occurrence on the sidewalk, walkway, pathway, parking
lot or playground by distances from the nearest intersection and corner and
curb and building (or other fixed and described point), stating the address
of the building;
(c) if the condition and/or activity involved a hole, depression and/or raising,
please state the dimensions thereof.
32. Set forth each occurrence prior to the occurrence alleged in the Complaint, in which
Plaintiff sustained an injury to any bodily portion, alleged to have been injured during the
occurrence alleged in the Complaint and whether or not medical care was obtained. If medical
care was obtained, set forth the name(s) and address(es) of each and every health care
facility/physician/therapist who treated or examined the Plaintiff for such prior injury.
PLEASE TAKE FURTHER NOTICE that failure to comply with this demand will serve
as a basis for a motion to preclude Plaintiff from offering into evidence any of the particulars
demanded herein.
[signature page follows]
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Dated: New York, New York
October 2, 2023
KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, DEMAND FOR
MEDICAL INFORMATION
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
-------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that Plaintiff is required to serve upon the undersigned, within
twenty (20) days hereof, the following:
1. The names and addresses of all physicians or other health care providers who have
consulted, treated or examined Plaintiff for each of the conditions allegedly caused by, or
exacerbated by, the occurrence described in the Complaint including, the dates of such treatment
or examination.
2. Copies of all medical reports of all health care providers and physicians identified
in the prior demand regarding their treatment and care of, or consultation with Plaintiff. These
shall include a detailed recital of the injuries and conditions as to which testimony will be offered
at trial, including x-rays and technicians’ reports relied upon or intended to be offered as evidence
on the Plaintiff’s behalf.
3. Duly executed and acknowledged HIPAA compliant written authorizations of
Plaintiff permitting the undersigned to obtain complete medical records, charts, bills and other
documentation, including x-rays, of:
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(a) Each health care provider identified in Demand No. 1 above;
(b) All hospitals, clinics and/or other health care facilities in which Plaintiff
was treated or confined due to the occurrence alleged in the Complaint; and
(c) All hospitals, clinics and/or other health care facilities in which Plaintiff
was treated, confined, or consulted with and all physicians and/or health care providers
who treated, examined, or consulted with the Plaintiff prior to the occurrence set forth in
the Complaint for any injury or condition claimed to have been aggravated or exacerbated
or for any prior injury or condition affecting the same, related or adjacent body parts
Plaintiff claims to have been injured in the occurrence alleged in this action.
4. Duly executed and acknowledged written authorizations of Plaintiff permitting the
undersigned to obtain complete pharmacy or drug store records with respect to any drugs
prescribed to Plaintiff for a period of one (1) year prior to the occurrence set forth in the Complaint.
PLEASE TAKE FURTHER NOTICE, that the undersigned will move to preclude the offer
into evidence on behalf of the Plaintiff the testimony of any physician whose report has not been
supplied in response hereto and as required by the applicable provisions of the CPLR and to
preclude the offer into evidence of any demanded medical documentation or materials unless there
has been full compliance with this demand.
Dated: New York, New York
October 2, 2023
KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, DEMAND FOR EXPERT
WITNESS INFORMATION
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
-------------------------------------------------------------------------X
PLEASE TAKE NOTICE that pursuant to CPLR 3101(d)(1), all parties are required to
serve upon the undersigned, within twenty (20) days hereof, the following:
1. The name and address of each and every person you expect to call as an expert
witness at the trial of this action.
2. The expert’s field of expertise and any sub-specialties of the witness.
3. In reasonable detail, the subject matter on which each expert is expected to testify.
4. In reasonable detail, the substance of the facts and opinions on which each expert
is expected to testify.
5. The qualifications of each expert witness.
6. A summary of the grounds for each expert’s opinion.
PLEASE TAKE FURTHER NOTICE, that your failure to respond to this demand within
twenty (20) days may result in a motion pursuant to CPLR 3101(d) for sanctions and/or to compel
compliance with same.
[signature page follows]
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Dated: New York, New York
October 2, 2023
KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, DEMAND FOR COLLATERAL
SOURCE INFORMATION
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that demand is hereby made pursuant to CPLR 3101 and 4545
that you serve upon the undersigned within thirty (30) days hereof, a statement as to whether any
part of the cost of medical care, custodial care, rehabilitation services, loss of earnings, or other
economic loss sought to be recovered herein, was replaced, reimbursed, or indemnified, in whole
or in part, from any collateral source, such as but not limited to insurance, social security, workers’
compensation, or employee benefit programs, and if so, the full name and address of each
organization or program and policy or other identifying number, if applicable, providing such
replacement, reimbursement, or indemnification, together with an itemized statement of the
amount of each such item of economic loss that was replaced, reimbursed, or indemnified by each
such organization or program, and all documents, bills, invoices, receipts, and/or cancelled checks
demonstrating such payment.
Demand is also herewith made for the name and address (and policy or other identifying
number, if applicable) and statement of itemization of each such organization or program to which
a claim for reimbursement has been made but not yet been paid or regarding which Plaintiff
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reasonably anticipates in the future making a claim for reimbursement.
Demand is also made for duly executed and properly addressed original authorization
permitting the undersigned to inspect and copy any records reflecting any collateral source or
payment identified in response to the foregoing demand.
PLEASE TAKE FURTHER NOTICE, that failure to comply with the above-mentioned
demands will render the Plaintiff subject to available remedies provided under the CPLR.
PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and should any of
the information requested become available or known in the future, you are required to supplement
your response at such time.
Dated: New York, New York
October 2, 2023
KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, DEMAND FOR
INSURANCE INFORMATION
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that demand is made upon Plaintiff to produce, pursuant to
CPLR §§ 3120 and 3101(f), to serve upon the undersigned, within twenty (20) days hereof, the
following information:
1. The name and address of the insurance carrier to which Plaintiff has made a claim
for medical insurance coverage in connection with the injuries alleged in the Complaint, as well
as the file number assigned to Plaintiff’s claim and an authorization permitting the demanding
defendants to obtain and review a copy of the aforementioned file.
2. The name and address of the insurance carrier to which Plaintiff has made a claim
for disability insurance coverage in connection with the injuries alleged in the Complaint, as well
as the file number assigned to Plaintiff’s claim and an authorization permitting the demanding
defendant to obtain and review a copy of the aforementioned file.
Dated: New York, New York
October 2, 2023
[signature page follows]
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KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, DEMAND FOR PLAINTIFF’S
STATEMENT OF DAMAGES
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR § 3017(c), demand is hereby made upon
Plaintiff to serve upon the undersigned, within fifteen (15) days hereof a statement of damages to
which the Plaintiff deems himself entitled in this action.
Dated: New York, New York
October 2, 2023
KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, DEMAND PURSUANT TO
MANDATORY INSURER
REPORTING LAW
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §
1395y(b)(8)(A), the undersigned attorneys hereby demand that Plaintiff furnish within thirty (30)
days of service of this notice the following:
1. A statement as to whether the Plaintiff has received benefits from either Medicare
or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If
so, please state and/or provide:
(a) Plaintiff’s full name;
(b) Plaintiff’s gender;
(c) Plaintiff’s date of birth;
(d) Plaintiff’s social security number;
(e) Plaintiff’s residence telephone number;
(f) The Health Insurance Claim Number and/or Medicare and/or Medicaid and/or
Medicare Advantage Plan file number;
(g) The address of the office handling the Plaintiff’s Medicare and/or Medicaid
and/or Medicare Advantage Plan file;
(h) A duly executed authorization bearing the Plaintiff’s date of birth and social
security number or Health Insurance Claim Number permitting this firm and/or
the representatives of Defendant to obtain copies of Plaintiff’s
Medicare/Medicaid/Medicare Advantage Plan records.
2. State whether Medicare and/or Medicaid and/or Medicare Advantage Plan has a
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lien and the amount of any such lien.
3. Copies of all documents, records, memoranda, notes, etc., in Plaintiff’s possession
pertaining to Plaintiff’s receipt of Medicare, Medicare Advantage Plan and/or Medicaid benefits,
including copies of all documents provided to or received from the Medicare and/or Medicaid
administrator.
4. If any Medicare, Medicare Advantage Plan and/or Medicaid Secondary Payer
(MSP) claims exist, a copy of the claim summary from Medicare and/or Medicaid regarding those
claims.
5. If Plaintiff has not received Medicare, Medicare Advantage Plan and/or Medicaid
benefits in the past or is not receiving Medicare, Medicare Advantage Plan and/or Medicaid
benefits now, state whether Plaintiff is eligible to receive Medicare, Medicare Advantage Plan
and/or Medicaid benefits.
6. If Plaintiff has been receiving Medicare, Medicare Advantage Plan and/or
Medicaid benefits and is now deceased, please provide the following:
(a) Relationship of the administrator of Plaintiff’s estate to Plaintiff’s decedent;
(b) Name and address of Plaintiff’s administrator;
(c) Telephone number and/or email address of Plaintiff’s administrator;
(d) Social security number of Plaintiff’s administrator;
(e) An authorization to examine and copy deceased’s Medicare, Medicare
Advantage Plan and/or Medicaid records.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing demand
and that you are required to serve the demanded information within thirty (30) days of the date of
this demand.
If you do not possess the above requested information, an affidavit to that effect should be
submitted.
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Dated: New York, New York
October 2, 2023
KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, NOTICE TO TAKE
EXAMINATION
BEFORE TRIAL
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned will
take the deposition upon oral questions of the persons named as follows, and same will continue
from day to day until completed, concerning the relevant facts and circumstances in connection
with this litigation:
TO BE EXAMINED : All Parties
DATE, TIME & PLACE : January 4, 2024, 10:00 a.m.
Kahana Feld LLP
250 Park Avenue, 7th Floor
New York, New York 10177
PLEASE TAKE NOTICE, that at the time of the taking of the testimony, the aforesaid
parties are required to produce any and all documents, reports, and/or records which may be used
by the parties and the parties’ witnesses so testifying to refresh their recollection as to the matters
hereinabove set forth.
Dated: New York, New York
October 2, 2023
[signature page follows]
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KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, NOTICE FOR DISCOVERY
AND INSPECTION
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the undersigned demands that Plaintiff produce for
discovery and inspection with leave to photocopy, at the office of the undersigned within twenty
(20) days of the date of this notice, the following:
1. Any written or recorded statement taken of Plaintiff or his agents, servants, or
representatives in connection with the allegations set forth in the Complaint.
2. Any written or recorded statement taken of any parties or their agents, servants,
employee or representatives in connection with the allegations set forth in the Complaint.
3. All communications to, from, or on behalf of Plaintiff discussing the alleged
incident that is the subject of the Complaint including but not limited to emails, text messages,
facsimile, and letters.
4. A duly executed authorization for Plaintiff’s employment file, including attendance
records, W-2s, 1099s and income tax returns for 2018 to the present.
5. All photographs which Plaintiff alleges depicts the condition of the premises at the
time and place of the occurrence.
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6. All photographs which Plaintiff alleges depicts the injuries she sustained at the time
of the occurrence.
7. A copy of all accident and/or incident reports in connection with the occurrence.
8. Any video footage of the alleged incident.
PLEASE TAKE NOTICE, that at the time of the taking of the testimony, the aforesaid
parties are required to produce any and all documents, reports, and/or records which may be used
by the parties and the parties’ witnesses so testifying to refresh their recollection as to the matters
hereinabove set forth.
Dated: New York, New York
October 2, 2023
KAHANA FELD LLP
By:
Dominic M. Donato, Esq.
Emma Schwab, Esq.
Attorneys for Defendant
Vanguard Construction and
Development Company, Inc.
250 Park Avenue, 7th Floor
New York, New York 10177
(917) 410-8088
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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KENNETH VIVERITO, Index No. 153626/2023
Plaintiff, DEMAND FOR PRIOR AND
SUBSEQUENT INJURIES
-against-
MANHATTAN CHELSEA MARKET LLC, GOOGLE
LLC, VANGUARD CONSTRUCTION AND
DEVELOPMENT COMPANY, INC., VANGUARD
CONSTRUCTION & CO. and BENCHMARK BUILDERS,
LLC,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that demand is hereby made upon you to provide, in reference
to any prior or subsequent injury which is similar to the injuries being alleged in the present matter,
the following:
1. Authorizations to obtain all medical records, hospital records, x-rays, MRI scans
and technical and diagnostic reports directed to any hospital, clinic or other health care facility in
which the injured Plaintiff is or was treated or confined.
2. Names and addresses of all physicians or other health care providers of every
description who have consulted, examined, or treated Plaintiff for any prior injuries which are
similar to those injuries being alleged in the present matter.
3. Authorizations to obtain all medical records of each physician enumerated in the
prior request, if such has not been provided.
4. Copies of all medical reports received from any and all health care provider(s)
enumerated in the above Requests 1, 2, or 3.
5. Authorizations to obtain a complete pharmacy or drug store record with respect to
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all drugs prescribed to Plaintiff.
6. Authorizations to allow the demanding defendant to obtain a complete legal file
relating to any and all pre-existing conditions relating to injuries alleged in the present matter.
7. Copies of all legal records and/or reports received from any entity identified in the
Preview
FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR 3041 to 3044, Plaintiff is required to serve upon the undersigned, within thirty (30) days hereof, a Verified Bill of Particulars concerning the following: 1. Plaintiff’s residential address now and at the time of the occurrence alleged in the Complaint. 2. Plaintiff’s date of birth, place of birth, and social security number. 3. The date and approximate time of the occurrence alleged in the Complaint. 4. The location of the occurrence alleged in the Complaint including distances from identifiable points of reference, with sufficient detail to permit accurate identification. 5. Describe in detail how the alleged accident occurred and the acts of any defendant party that caused or contributed thereto. 6. If the occurrence took place in the interior of the premises, state the floor number, room, stair, aisle or other detail or description sufficient to locate and identify the accident site. If the occurrence took place in the exterior of the premises, state the sidewalk, stair, street or other detail or description sufficient to locate and identify the accident site, including the distance from the curb and building line or other fixed objects. 7. Set forth a statement of the alleged injuries to be claimed to have been sustained as a result of the occurrence alleged in the Complaint, including the approximate date of the onset of 1 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 the symptoms of each of the injuries claimed. 8. Each injury Plaintiff claims to have resulted in a permanent disability as a result of the occurrence alleged in the Complaint and a description of the nature and degree of each disability. 9. The periods, including dates, if any, of (a) total disability; and (b) partial disability as a result of the occurrence alleged in the Complaint. 10. State specifically whether or not the Plaintiff sustained a significant disfigurement as a result of the occurrence alleged in the Complaint. If so, state the nature and location of that disfigurement. 11. State whether or not the Plaintiff sustained a fracture as a result of the occurrence alleged in the Complaint. If so, state the type and location of said fracture. 12. State whether or not the Plaintiff sustained a permanent consequential limitation of a body function or system as a result of the occurrence alleged in the Complaint. If so, state the permanent consequential limitation and the body function or system involved. 13. The length of time, including dates, if any, Plaintiff was confined to: (a) hospital or other health care facility; (b) bed; and (c) home as a result of the occurrence alleged in the Complaint. 14. The name(s) and address(es) of any doctor(s)/physician(s) rendering medical care and treatment to Plaintiff as a result of the occurrence alleged in the Complaint, the date(s) and place(s) of each said care and/or treatment by, or visit to, such doctor(s)/physician(s). 15. The name(s) and address(es) of every hospital, clinic, institution and/or healthcare provider where Plaintiff received any treatment or examination as a result of the occurrence alleged in the Complaint, the dates of admission and discharge, and the specialty of the physician or health care provider. 16. The name(s) and address(es) of every physical and/or mental therapist(s) rendering treatment, care of examination to Plaintiff as a result of the occurrence alleged in the Complaint, as well as the date(s) and place(s) of each said treatment, care and/or examination by, or visit to, said therapist(s). Please also indicate the said therapist’s area of expertise. 17. The length of time, if any, Plaintiff was incapacitated from employment as a result of the occurrence alleged in the Complaint. 18. The name(s) and address(es) of each employer referred to in the response to the prior demand, together with a description of said employment, including, without limitation, the amount of weekly and yearly wages, gross and net, received by the Plaintiff at the time of the occurrence. If self-employed, state the nature of self-employment and the business address, the income for each of the three (3) years preceding and up to the occurrence alleged in the Complaint and one (1) year subsequent to the occurrence alleged in the Complaint. 2 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 19. Set forth the total amount which the Plaintiff claims to have sustained and/or the total amount the Plaintiff claims will be sustained in lost earnings/wages as a result of the occurrence alleged in the Complaint. 20. State the amounts claimed for: (a) physicians’ services; (b) medications, supplies and x-rays; (c) nurse, therapist and chiropractic services; (d) hospital expenses; and (e) any other related expenses, please identify and detail. 21. Set forth all the acts and/or omissions that constitute the negligence of each Defendant remaining in this action, specifying the acts and/or omissions of each with particularity. 22. Set forth any and all laws, rules, regulations and ordinances Plaintiff alleges are applicable to the alleged incident or Plaintiff alleges have been violated. 23. If Plaintiff is claiming a dangerous, unsafe, or defective condition was the cause of the alleged accident: (a) describe the condition; (b) set forth in what manner the condition was dangerous, defective and/or unsafe; (c) specify the date and time the condition was caused or created; and (d) identify who caused or created the condition. 24. State whether actual notice is claimed. 25. State whether constructive notice is claimed. 26. If actual notice of a defective, deficient or unsafe condition is alleged, state: (a) the nature and location of the condition; (b) whether the alleged notice was in writing or by oral communication; (c) the substance of each such notice; (d) the person(s) to whom actual notice was given; (e) the place(s) where actual notice were given; (f) the date(s) when actual notice was given; and (g) the person(s) by whom actual notice were given. 27. If constructive notice is claimed, then set forth a statement of facts which allegedly constitute such notice, including, without limitation, the name(s) of the person(s) which allegedly had received such notice and the period time (in minutes, hours, days, etc.) that the alleged condition and/or activity existed. 28. State whether it is claimed that the Defendants caused or created the alleged 3 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 condition. 29. If it is claimed that Defendants or their agent(s), servant(s) and/or employee(s), caused or created the alleged condition, state the name(s) of the person(s) who caused or created the alleged condition and state the date(s) and time(s) when the alleged condition was caused or created. 30. If the occurrence alleged in the Complaint is claimed to have happened due to carelessness and/or negligence in the construction, maintenance or repair of certain premises, then set forth in detail: (a) the manner in which said construction or maintenance was careless and/or negligent; (b) identify the specific location within the premises where the construction or maintenance was careless or negligent; (c) the specific carelessness or negligence in connection with the construction or maintenance which it is alleged existed; and (d) specifically identify the party(ies) which were careless or negligent, and the acts, errors and/or omissions attributable to each specifically identified party. 31. If a sidewalk, walkway, pathway, window, parking lot or playground is alleged to be involved in the occurrence alleged in the Complaint state the following: (a) in what respect the Plaintiff claims that the sidewalk walkway, pathway, window, parking lot or playground was in a/an dangerous, defective and/or improper condition; (b) the location of the occurrence on the sidewalk, walkway, pathway, parking lot or playground by distances from the nearest intersection and corner and curb and building (or other fixed and described point), stating the address of the building; (c) if the condition and/or activity involved a hole, depression and/or raising, please state the dimensions thereof. 32. Set forth each occurrence prior to the occurrence alleged in the Complaint, in which Plaintiff sustained an injury to any bodily portion, alleged to have been injured during the occurrence alleged in the Complaint and whether or not medical care was obtained. If medical care was obtained, set forth the name(s) and address(es) of each and every health care facility/physician/therapist who treated or examined the Plaintiff for such prior injury. PLEASE TAKE FURTHER NOTICE that failure to comply with this demand will serve as a basis for a motion to preclude Plaintiff from offering into evidence any of the particulars demanded herein. [signature page follows] 4 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 Dated: New York, New York October 2, 2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 5 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, DEMAND FOR MEDICAL INFORMATION -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that Plaintiff is required to serve upon the undersigned, within twenty (20) days hereof, the following: 1. The names and addresses of all physicians or other health care providers who have consulted, treated or examined Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the Complaint including, the dates of such treatment or examination. 2. Copies of all medical reports of all health care providers and physicians identified in the prior demand regarding their treatment and care of, or consultation with Plaintiff. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at trial, including x-rays and technicians’ reports relied upon or intended to be offered as evidence on the Plaintiff’s behalf. 3. Duly executed and acknowledged HIPAA compliant written authorizations of Plaintiff permitting the undersigned to obtain complete medical records, charts, bills and other documentation, including x-rays, of: 6 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 (a) Each health care provider identified in Demand No. 1 above; (b) All hospitals, clinics and/or other health care facilities in which Plaintiff was treated or confined due to the occurrence alleged in the Complaint; and (c) All hospitals, clinics and/or other health care facilities in which Plaintiff was treated, confined, or consulted with and all physicians and/or health care providers who treated, examined, or consulted with the Plaintiff prior to the occurrence set forth in the Complaint for any injury or condition claimed to have been aggravated or exacerbated or for any prior injury or condition affecting the same, related or adjacent body parts Plaintiff claims to have been injured in the occurrence alleged in this action. 4. Duly executed and acknowledged written authorizations of Plaintiff permitting the undersigned to obtain complete pharmacy or drug store records with respect to any drugs prescribed to Plaintiff for a period of one (1) year prior to the occurrence set forth in the Complaint. PLEASE TAKE FURTHER NOTICE, that the undersigned will move to preclude the offer into evidence on behalf of the Plaintiff the testimony of any physician whose report has not been supplied in response hereto and as required by the applicable provisions of the CPLR and to preclude the offer into evidence of any demanded medical documentation or materials unless there has been full compliance with this demand. Dated: New York, New York October 2, 2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 7 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, DEMAND FOR EXPERT WITNESS INFORMATION -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. -------------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR 3101(d)(1), all parties are required to serve upon the undersigned, within twenty (20) days hereof, the following: 1. The name and address of each and every person you expect to call as an expert witness at the trial of this action. 2. The expert’s field of expertise and any sub-specialties of the witness. 3. In reasonable detail, the subject matter on which each expert is expected to testify. 4. In reasonable detail, the substance of the facts and opinions on which each expert is expected to testify. 5. The qualifications of each expert witness. 6. A summary of the grounds for each expert’s opinion. PLEASE TAKE FURTHER NOTICE, that your failure to respond to this demand within twenty (20) days may result in a motion pursuant to CPLR 3101(d) for sanctions and/or to compel compliance with same. [signature page follows] 8 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 Dated: New York, New York October 2, 2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 9 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, DEMAND FOR COLLATERAL SOURCE INFORMATION -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is hereby made pursuant to CPLR 3101 and 4545 that you serve upon the undersigned within thirty (30) days hereof, a statement as to whether any part of the cost of medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein, was replaced, reimbursed, or indemnified, in whole or in part, from any collateral source, such as but not limited to insurance, social security, workers’ compensation, or employee benefit programs, and if so, the full name and address of each organization or program and policy or other identifying number, if applicable, providing such replacement, reimbursement, or indemnification, together with an itemized statement of the amount of each such item of economic loss that was replaced, reimbursed, or indemnified by each such organization or program, and all documents, bills, invoices, receipts, and/or cancelled checks demonstrating such payment. Demand is also herewith made for the name and address (and policy or other identifying number, if applicable) and statement of itemization of each such organization or program to which a claim for reimbursement has been made but not yet been paid or regarding which Plaintiff 10 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 reasonably anticipates in the future making a claim for reimbursement. Demand is also made for duly executed and properly addressed original authorization permitting the undersigned to inspect and copy any records reflecting any collateral source or payment identified in response to the foregoing demand. PLEASE TAKE FURTHER NOTICE, that failure to comply with the above-mentioned demands will render the Plaintiff subject to available remedies provided under the CPLR. PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and should any of the information requested become available or known in the future, you are required to supplement your response at such time. Dated: New York, New York October 2, 2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 11 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, DEMAND FOR INSURANCE INFORMATION -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is made upon Plaintiff to produce, pursuant to CPLR §§ 3120 and 3101(f), to serve upon the undersigned, within twenty (20) days hereof, the following information: 1. The name and address of the insurance carrier to which Plaintiff has made a claim for medical insurance coverage in connection with the injuries alleged in the Complaint, as well as the file number assigned to Plaintiff’s claim and an authorization permitting the demanding defendants to obtain and review a copy of the aforementioned file. 2. The name and address of the insurance carrier to which Plaintiff has made a claim for disability insurance coverage in connection with the injuries alleged in the Complaint, as well as the file number assigned to Plaintiff’s claim and an authorization permitting the demanding defendant to obtain and review a copy of the aforementioned file. Dated: New York, New York October 2, 2023 [signature page follows] 12 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 13 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, DEMAND FOR PLAINTIFF’S STATEMENT OF DAMAGES -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR § 3017(c), demand is hereby made upon Plaintiff to serve upon the undersigned, within fifteen (15) days hereof a statement of damages to which the Plaintiff deems himself entitled in this action. Dated: New York, New York October 2, 2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 14 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC § 1395y(b)(8)(A), the undersigned attorneys hereby demand that Plaintiff furnish within thirty (30) days of service of this notice the following: 1. A statement as to whether the Plaintiff has received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state and/or provide: (a) Plaintiff’s full name; (b) Plaintiff’s gender; (c) Plaintiff’s date of birth; (d) Plaintiff’s social security number; (e) Plaintiff’s residence telephone number; (f) The Health Insurance Claim Number and/or Medicare and/or Medicaid and/or Medicare Advantage Plan file number; (g) The address of the office handling the Plaintiff’s Medicare and/or Medicaid and/or Medicare Advantage Plan file; (h) A duly executed authorization bearing the Plaintiff’s date of birth and social security number or Health Insurance Claim Number permitting this firm and/or the representatives of Defendant to obtain copies of Plaintiff’s Medicare/Medicaid/Medicare Advantage Plan records. 2. State whether Medicare and/or Medicaid and/or Medicare Advantage Plan has a 15 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 lien and the amount of any such lien. 3. Copies of all documents, records, memoranda, notes, etc., in Plaintiff’s possession pertaining to Plaintiff’s receipt of Medicare, Medicare Advantage Plan and/or Medicaid benefits, including copies of all documents provided to or received from the Medicare and/or Medicaid administrator. 4. If any Medicare, Medicare Advantage Plan and/or Medicaid Secondary Payer (MSP) claims exist, a copy of the claim summary from Medicare and/or Medicaid regarding those claims. 5. If Plaintiff has not received Medicare, Medicare Advantage Plan and/or Medicaid benefits in the past or is not receiving Medicare, Medicare Advantage Plan and/or Medicaid benefits now, state whether Plaintiff is eligible to receive Medicare, Medicare Advantage Plan and/or Medicaid benefits. 6. If Plaintiff has been receiving Medicare, Medicare Advantage Plan and/or Medicaid benefits and is now deceased, please provide the following: (a) Relationship of the administrator of Plaintiff’s estate to Plaintiff’s decedent; (b) Name and address of Plaintiff’s administrator; (c) Telephone number and/or email address of Plaintiff’s administrator; (d) Social security number of Plaintiff’s administrator; (e) An authorization to examine and copy deceased’s Medicare, Medicare Advantage Plan and/or Medicaid records. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information within thirty (30) days of the date of this demand. If you do not possess the above requested information, an affidavit to that effect should be submitted. 16 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 Dated: New York, New York October 2, 2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 17 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, NOTICE TO TAKE EXAMINATION BEFORE TRIAL -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned will take the deposition upon oral questions of the persons named as follows, and same will continue from day to day until completed, concerning the relevant facts and circumstances in connection with this litigation: TO BE EXAMINED : All Parties DATE, TIME & PLACE : January 4, 2024, 10:00 a.m. Kahana Feld LLP 250 Park Avenue, 7th Floor New York, New York 10177 PLEASE TAKE NOTICE, that at the time of the taking of the testimony, the aforesaid parties are required to produce any and all documents, reports, and/or records which may be used by the parties and the parties’ witnesses so testifying to refresh their recollection as to the matters hereinabove set forth. Dated: New York, New York October 2, 2023 [signature page follows] 18 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 19 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, NOTICE FOR DISCOVERY AND INSPECTION -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that the undersigned demands that Plaintiff produce for discovery and inspection with leave to photocopy, at the office of the undersigned within twenty (20) days of the date of this notice, the following: 1. Any written or recorded statement taken of Plaintiff or his agents, servants, or representatives in connection with the allegations set forth in the Complaint. 2. Any written or recorded statement taken of any parties or their agents, servants, employee or representatives in connection with the allegations set forth in the Complaint. 3. All communications to, from, or on behalf of Plaintiff discussing the alleged incident that is the subject of the Complaint including but not limited to emails, text messages, facsimile, and letters. 4. A duly executed authorization for Plaintiff’s employment file, including attendance records, W-2s, 1099s and income tax returns for 2018 to the present. 5. All photographs which Plaintiff alleges depicts the condition of the premises at the time and place of the occurrence. 20 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 6. All photographs which Plaintiff alleges depicts the injuries she sustained at the time of the occurrence. 7. A copy of all accident and/or incident reports in connection with the occurrence. 8. Any video footage of the alleged incident. PLEASE TAKE NOTICE, that at the time of the taking of the testimony, the aforesaid parties are required to produce any and all documents, reports, and/or records which may be used by the parties and the parties’ witnesses so testifying to refresh their recollection as to the matters hereinabove set forth. Dated: New York, New York October 2, 2023 KAHANA FELD LLP By: Dominic M. Donato, Esq. Emma Schwab, Esq. Attorneys for Defendant Vanguard Construction and Development Company, Inc. 250 Park Avenue, 7th Floor New York, New York 10177 (917) 410-8088 21 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X KENNETH VIVERITO, Index No. 153626/2023 Plaintiff, DEMAND FOR PRIOR AND SUBSEQUENT INJURIES -against- MANHATTAN CHELSEA MARKET LLC, GOOGLE LLC, VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., VANGUARD CONSTRUCTION & CO. and BENCHMARK BUILDERS, LLC, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is hereby made upon you to provide, in reference to any prior or subsequent injury which is similar to the injuries being alleged in the present matter, the following: 1. Authorizations to obtain all medical records, hospital records, x-rays, MRI scans and technical and diagnostic reports directed to any hospital, clinic or other health care facility in which the injured Plaintiff is or was treated or confined. 2. Names and addresses of all physicians or other health care providers of every description who have consulted, examined, or treated Plaintiff for any prior injuries which are similar to those injuries being alleged in the present matter. 3. Authorizations to obtain all medical records of each physician enumerated in the prior request, if such has not been provided. 4. Copies of all medical reports received from any and all health care provider(s) enumerated in the above Requests 1, 2, or 3. 5. Authorizations to obtain a complete pharmacy or drug store record with respect to 22 of 31 FILED: NEW YORK COUNTY CLERK 10/02/2023 02:14 PM INDEX NO. 153626/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 10/02/2023 all drugs prescribed to Plaintiff. 6. Authorizations to allow the demanding defendant to obtain a complete legal file relating to any and all pre-existing conditions relating to injuries alleged in the present matter. 7. Copies of all legal records and/or reports received from any entity identified in the